An introduction to the homelessness legislation Offenders 13 th July 2011

1. An introduction to the homelessness legislationOffenders 13th July 2011

2. Purpose • There can be a common misconception that people released from prison or custody would qualify for rehousing if they presented themselves to a Housing Options Team. • Unfortunately, this is not the case but is not always clear when they would and when they wouldn’t. • I have tried to set out as best I can as much information as possible for professionals that work with offenders to try and ensure as much understanding as possible to assist this client group when looking at rehousing options, in particular information surrounding relevant homeless legislation. • I am only speaking from a Dartford perspective but most LA’s work in a similar way

3. Duties of LHA’s • General duty– to ensure that advice and information about homelessness and preventing homelessness is available free of charge to anyone in the district. • Main duty– to provide suitable accommodation for households who are: • Homeless or threatened with homelessness • Eligible for assistance • In priority need • Not intentionally homeless

4. Relevant legislation • Part VII Housing Act 1996 – provides statutory underpinning for tackling homelessness. • Homelessness Act 2002and Homelessness (Priority Need for Accommodation) (England) Order 2002 – requires LHA’s to develop homelessness strategies and extended the priority need categories. • Homelessness Code of Guidance (2006) –The Code provides statutory guidance on local authority housing and social services statutory functions in respect of people who are homeless or at risk of homelessness. The Code is issued by the Secretaries of State under section 182 of the Housing Act 1996, and local authorities must have regard to the Code, by law. • In other words, this is ‘the bible for homelessness’

5. What the Code of Guidance says In relation to offenders, the Code of Guidance states the following: ‘A person who is vulnerable as a result of having served a custodial sentence, been committed for contempt of court or remanded in custody, has a priority need for accommodation.’

6. Vulnerability In determining whether an is vulnerable as a result of their period in custody or detention, a housing authority may wish to take into account the following factors: • the length of time the applicant has served in custody or detention (although authorities should not assume that vulnerability could not occur as a result of a short period in custody or detention) • Whether the applicant is receiving supervision from a criminal justice agency e.g. Probation, Youth Offending Service or Drug Intervention Program. Housing authorities should have regard to any advice regarding their view of the applicant’s general vulnerability, but the final decision on the question of vulnerability for the purposes of the homelessness legislation will rest with the housing authority. • The length of time since the applicant was released from custody or detention and the extent to which the applicant had been able to obtain and/or maintain accommodation during this time

7. Other guidance within the Code • In many cases a housing needs assessment may have been completed in respect of offenders by Probation, Youth Offending Team, Prison Services, and Criminal Justice Team etc. Where such assessment identifies an individual as needing help in finding accommodation and judges the individual to be particularly vulnerable and the applicant makes an application for housing assistance, this information should be made available to the relevant housing authority • In addition to the question of priority need, when assessing applicants in this client group, difficult issues may arise as to whether the applicant has become homeless intentionally. Housing authorities must consider each case in the light of all the facts and circumstances. Housing authorities are reminded that they cannot adopt a blanket policy of assuming that homelessness will be intentional or unintentional.

8. What this actually means What this means is that it is actually down to the individual authority whether they deem someone as vulnerable. Consideration is sometimes given at Dartford to those who: • Are ‘revolving door’ offenders. That is those who are in and out of prison over a long period of time. • Those that are coming out of a long term prison sentence However when a local authority is considering an applicants vulnerability, they should always apply the Pereira Test

9. What is the Pereira Test? The test to apply in all of these cases is that given in the judgement of R V London Borough of Camden, ex Parte Richard Pereira (1998). Namely that the Authority must consider ‘whether the person is, when homeless, less able to fend for himself than an ordinary homeless person so that injury or detriment will result when a less vulnerable person would be able to cope without harmful effects’

10. What is considered by a LA? • Any medical or social problems, how severe are they? Although as an officer, you are not bound to accept another professional’s opinion on vulnerability as they are not best placed to interpret the legislation and codes of guidance. • To make inquiries with all the professionals known to the applicant especially with regards to their ability to manage. • Does their medical condition impede reasonable function, for example is his/her cognitive abilities affected and is he/she reasonably mobile? • If the applicant is abusing drugs or alcohol, is he/she dependant or abusing from choice? Has the abuse caused any secondary problems? • Is there anything in his/her circumstances, which will make it difficult to secure alternative accommodation? (this is not a stand alone reason) • Is the applicant destitute? Most persons should be in receipt of funds or eligible for them.

11. The Pereira Test cont • Will he/she be able to continue to access health professionals and support network if roofless? Most people will have friends and or family in the area who they can keep in touch with and a mobile phone or a care of address. Most health or other agencies use drop in services or are able to make a follow up appointments at the time of a visit. • Failing to be able to access medication, a necessary service or vital support would cause injury and detriment and would therefore render a person vulnerable under the Pereira test • This is a composite test. The decision should examine multiple health and other problems singularly and then summarise the applicants overall situation as a whole, as the overall effect could cause a person to be vulnerable under the above test

12. Intentionally Homeless What the legislation says S. 191 (1) and 196 (1) - A person becomes homeless, or threatened with homelessness, intentionally if he or she: • Deliberately does or fails to do anything in consequence of which he or she ceases to occupy accommodation (or the likely result of which is that he or she will be forced to leave accommodation) • The accommodation is available for his or her occupation, and • It would have been reasonable for him or her to continue to occupy the accommodation.

13. What the Code of Guidance says: Some offenders may apply for accommodation or assistance in obtaining accommodation following a period in custody or detention because they have been unable to retain their previous accommodation, due to that period in custody or detention. In considering whether such an applicant is homeless intentionally, the housing authority will have to decide whether, taking into account all the circumstances, there was a likelihood that ceasing to occupy the accommodation could reasonably have been regarded at the time as a likely consequence of committing the offence.

14. What this means in reality • A Local Authority should not automatically say that an offender is intentionally homeless because they went in prison. They should look at what the circumstances were at the time that before, i.e. had a notice been served because of that applicant’s behaviour or rent arrears? • Did the applicant know that if they committed that offence that they would lose that accommodation? • If there was arrears, did the vast majority of these accrue prior to that applicant going into prison?

15. Local Connection • S.199 of the 1996 Act provides that a person has local connection with a district because: • he or she is, or was in the past, normally resident there, and that residence was of his or her own choice; or • he or she is employed there; or • of family associations there; or • of any special circumstances • If an applicant is eligible, unintentionally homeless, and priority need but does not have a local connection, LHA’s can make referrals to other LHA’s where the connection is met (unless there is a risk of violence). • Detention in prison (whether convicted or not) does not establish a local connection with the district the prison is in. However, any period of residence in accommodation prior to imprisonment may give rise to a local connection unders.199

16. What happens next? Homeless acceptances Positives • Might be offered temporary accommodation • Should be made a permanent offer

17. Issues for LA’s in rehousing • Exclusion zones • Threats & harassment • Certain offences

18. What you should know if duty not accepted • With any homeless decision you have the right to review • As you can see, it is a very small client group that would actually qualify for assistance under homeless legislation but there are other organisations such as Porchlight that may be able to assist so you could contact them for advice. • Every LA should be able to offer advice on getting into the private sector and most run schemes such as the Rent Deposit Scheme. It is always worth booking an appointment with a Housing Advisor that can offer practical advice and suggestions. • You should always bear in mind that if a person is aged between 18-24 they would only get a single room rent from Housing Benefit so they would only be able to rent a room in shared accommodation within the private sector. This is set to increase to 18-35 in the early part of next year.

19. Preventing homelessness • LHA’s overall aim regarding homelessness is to prevent it from occurring in the first place. • Each LHA will have a strategy in place which sets out how they will prevent homelessness in their district. • Homelessness strategies are published on LHA websites. • They provide useful information about homeless preventative tools that the LHA will use, for example: • Rent deposits, bonds, deposit guarantees • Tenancy sustainment arrangements whilst in prison • Mediation to reconnect back to family

20. Marie Gerald Housing Options & Private Sector Manager Dartford Borough Council Marie.gerald@dartford.gov.uk 01322 343018